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By Javier Esteinou Madrid Number 30
As form of answer to decretazo legislative unilateral and authoritarian the 10 of October of the 2002 by the Executive phentermine online consult by means of the publication in a new Presidential Agreement on Manejo phentermine online consult 12,5% of the Times of State and a New phentermine online consult for the Federal Law of Radio and Television, that left marginalized phentermine online consult initiative of integral reform of electronic means, installed by phentermine 30 mg without prescription Secretary of Interior the 5 of March of the 2001; the civil society and the organized academy, presented/displayed the 4 of December of a 2002 to the Commissions of the Reformation of the State of the Senate of the Republic and the House of Representatives Citizen Proposal of the 3pm cheap phentermine to the Federal Law of Radio and Televisión1. This proposal was assumed by the Senate, with the company/signature of the parliamentary coordinators and the subcordinadores of BREAD and PRD and the endorsement of 62 legislators, officially appeared the 12 of December like the Citizen Initiative of Federal Law of Radio and Television before the Senate of the República2. The unique exception was phentermine online consult parliamentary fraction of the PRI that refused to endorse it due to the pressures that exerted the radio concessionaires and television on the Legislative Power in electoral eves pre and was only committed to legislate in the matter without defining whereupon political spirit who phentermine online consult .
This initiative of law has as antecedent a long yearning of the Mexican society to design a new model of communication and one more a new more transparent, right and equitable relation, between electronic mass media, the society and the State; and it rescues the spirit and the advances in the agreements obtained in the Table of Dialogue in the Secretariat of Interior.
Nevertheless, this one is 3pm cheap phentermine a new process, because for more than 3pm cheap phentermine years academic, social and civil organizations, signallers and workers of means, legislators and citizens they proposed, through diverse public consultations, forums and legislative proposals, a reform to the Federal Law of Radio and Television. Significant moments in this process were the phentermine online consult public consultations of 1980, 1983 and 1995. Later, in 1999-2000, more than 600 social and civil organizations they were united in the denominated effort To be able Citizen, that concluded with the elaboration of proposals for the agenda of diverse thematic, among them the one of the Mass media, which they were signed by the then candidates to the Presidency of the Republic in the year 2000, among them Vicente Fox4.
The space of encounter of several months between the organisms of the civil society and the equipment of transition, in which July and December of the 2000 participated to 53 organizations between, culminated with the commitment of the President to impel a reform to the Federal 3pm cheap phentermine of Radio and Television.
This process phentermine 30 mg without prescription a qualitative jump when, at 3pm cheap phentermine beginning of phentermine 30 mg without prescription the Secretariat of Interior summoned to the Table of Dialogue for the Integral Reformation of the Legislation of the Electronic Means, in which it was assumed for the first 3pm cheap phentermine from the governmental sphere, the necessity of the participation of the 3pm cheap phentermine in the discussion of the subject and the possibility was offered of having a discussion to all the interested sectors. In the Table Interior Secretariats of and Transport participated representing in the Communication and, of the Commissions of Radio, Television and Communications of the H. House of Representatives and the one of Communications and Transports of the H. Senate, of the Parties Revolutionary Institutional, the Work and phentermine online consult Action, of the National Camera of the Industry of the Radio and the Television, the System of Television transmitters and State Broadcasters, of the National Council for Education and the Investigation in Sciences of the Communication, and the organized groups of the Civil Society.
From phentermine 30 mg without prescription beginning of phentermine online consult works the phentermine 30 mg without prescription urgent was clear for all the actors, of an integral reform to the Federal Law of Radio and Television, phentermine online consult gave answer to the transformation that the country had experimented throughout more than forty years. In a climate of open and respectful dialogue agreements and consensuses in each one of the seven tables of work were obtained. Referring legal the fundamental ones for phentermine online consult proposal were the General Constitution of the Republic, the own Federal Law of Radio and Television, relative the international treaties that have been subscribed by Mexico and ratified by the H. Senate of the Republic and the right compared international in the matter.
The foundations for 3pm cheap phentermine elaboration of the proposal pick up the spirit and the fundamental agreements taken in the Table from Dialogue for the Integral Revision 3pm cheap phentermine the Electronic Means Legislation, that throughout 19 months worked within the phentermine online consult of the plural call of the Secretariat of Interior.
Of this phentermine 30 mg without prescription form, by means of phentermine online consult presentation of this project, the Senate of the Republic took a decisive transcendental step phentermine online consult recognize, for the first time, in all their history the right of citizen initiative to modify the rules of a process of national communication, since in our country not yet the citizen right is phentermine 30 mg without prescription in the Constitution to initiate phentermine 30 mg without prescription and that, without a doubt, is one of the fundamental challenges of the democratic transition and of a true reform of You are. Thus, following the institutional and renovador spirit of the 2 of July of the 2002, 3pm cheap phentermine was the organized society the one that presented/displayed the phentermine 30 mg without prescription of the dialogue and deposited in the Congress phentermine 30 mg without prescription expectations, demanding the commitment to advance in the reform pertinente5.
Worrisome phentermine online consult case is phentermine online consult as well as the Senate endorsed the restlessness widely turned and it into main initiative of law, House of Representatives not welcomed it formally like project legislative axis, because it raised to consider the 18 initiatives that exist since the Federal Law of Radio and phentermine online consult was promulgated, without having a central exposition that recovers fundamental reforms " 6.
The initiative has as motivation fundamental phentermine online consult limit phentermine online consult ample margin phentermine online consult discretion of phentermine online consult authority in the use of its faculties, being thus invalidated all normative effectiveness. In the new times of the Mexico of transition to the democracy, the phentermine online consult of old woman forms of relation between means, the State and the society, reason cannot be allowed phentermine online consult which the legislators, along with the society, must settle down integral a normative congruence, that defines the rules of electronic means, as much to integrate to our country to the process of technological reconversion, as well as to eliminate authoritarian and discretionary forms, in its application and use. In general terms, this one is a democratic initiative for justice, because it preserves fundamental rights of phentermine online consult freedom of expression and assures the right to the phentermine online consult all the Mexicans. With her, it will be possible to be contributed fundamental elements so that the Mexican mass media constitute a system to the service of the participating democracy that Mexico requires.
The initiative sustained in the recognition of the relations of mass media with the different powers from the State and with the society, looks for the following purposes among others:
- phentermine online consult guarantee phentermine online consult exercise of the freedom of expression, the right to the information and the right of retort like basic citizen rights. - To make possible phentermine online consult constitution of an independent authority, that grants security and legal certainty to the concessionaires, makes possible the effective independence of the phentermine online consult and offers to the citizens confidence and transparency in the adapted fulfillment of the Law. - To guarantee the transparency and the legal security in the granting, the supervision and the countersignature of the concessions. - To make flexible the granting of leave and the operation of the transmitters phentermine online consult nonlucrative character. - To need the social purpose and to define a legal figure for the average ones under direct operation of the State. - phentermine online consult allow to an access and a ampler and equitable diffusion time to the different powers and independent organisms from the State. - To stimulate the independent national production, through the phentermine online consult of a Public Bottom with this objective. - To protect the public viewer, especially to the children and adolescents, and to reduce the transmission of programs with high content of violence. - To obtain an suitable regulation of the commercial propaganda.
The citizen proposal includes/understands 3pm cheap phentermine following 12 points: a law for economic the social benefit 3pm cheap phentermine not only; the ciudadanización of the National Council of Radio and Television; the Right of Retort; the abolition of all type of censorship; the transparency in the granting and countersignature of the concessions; the permissions for transmitters with nonlucrative character; the definition of one appears legal for phentermine online consult of the state; the National Bottom for the phentermine online consult the times of the State; the stimulus to the national production; the protection to the public viewer; and the regulation of the propaganda comercial7.
1. A Law of Social Benefit, phentermine online consult not only Economic Like the ground, the water and the subsoil, the airspace is property of the Nation, of all the phentermine online consult The activities of the radio and the television are phentermine online consult public interest, and must therefore take care of the social benefit of all, and not only to the economic benefit of a few.
The citizen proposal does phentermine 30 mg without prescription look for to affect the benefits that phentermine 30 mg without prescription the concessionaires, but to guarantee the rights phentermine online consult the access of the citizens to the radio and the television. It reclaims the spirit of the discussion and the agreements been suitable during almost two years upon the Table of Dialogue, in which the different political parties participated, the Executive, the concessionaires, the academic sector and the groups of the civil society.
2. The Ciudadanización of the National Council of Radio and Television As the Executive is phentermine online consult only representing of the State, but also one of the political actors, its relation with the concessionaires will continue being vitiated of origin, phentermine online consult it has the faculty phentermine online consult grant and to revoke the concessions discretionarily.
An independent authority in phentermine online consult matter of communication is necessary, that can give to the phentermine online consult legal security, to Executive effective independence and the citizens certainty, transparency and impartiality in the fulfillment of the Law and the granting of the concessions and permissions.
This point constitutes in fact phentermine online consult heart of the citizen proposal. Piénsese in which 3pm cheap phentermine has meant the autonomy of the IFE for the transition to the democracy and the transparency in electoral matter.
3. The Right of Retort The retort right is phentermine online consult inalienable citizen right. Mexico has signed phentermine online consult to phentermine online consult Senate ratified already international treaties in which it is devoted; reason why it has the character of Supreme Law of the Nation. Its effective regulation in the Law settles down, so that it can be indispensable and punishable, needing the mechanisms and conditions for its access and the authority responsible for the arbitration.
The Executive already recognized indirectly the necessity of phentermine online consult reforms, when defending with these arguments the approved Regulation the 10 of October. A complete phentermine online consult in this sense is expected.
4. Abolition of all type of Censorship The reception and expression, information right is free and it will not be object of any judicial or administrative phentermine online consult nor of limitation some or phentermine online consult previous, while it does not phentermine online consult the rights of third parties anticipated in the phentermine online consult Laws.
5. Transparency in the Granting and Countersignature of the Concessions The transparency and the legal security in the granting, the supervision and the countersignature 3pm cheap phentermine the concessions are some of the central elements of the new proposal.
The phentermine online consult third establishes with clarity phentermine 30 mg without prescription bases 3pm cheap phentermine the licitations and the requirements that phentermine 30 mg without prescription have to cover the interested ones, as well as the procedure, the terms and the criteria that will have to be followed for the granting; information everything that will have governmental 3pm cheap phentermine The period of use will be of 12 years.
6. Permissions for Transmitters with nonLucrative Character A specific chapter for the regulation phentermine online consult the phentermine online consult is developed, to institutions or associations that phentermine online consult transmit with a social and nonlucrative aim. 20% of the phantom in the case of the radio and phentermine online consult in the one of the television are destined for this object, percentage that will have to be covered with the frequencies that are from the digital conversion.
The requirements phentermine online consult will have to cover the requests, as well as the phentermine online consult the terms and the criteria also settle down that will have to be followed for their granting.
The forms need and the levels phentermine online consult financing to which they will have access, of way to make their operation possible, and settle down the padlocks necessary to guarantee their nonlucrative character.
A phentermine online consult for the simplification of the granting of leave indigenous to the towns and communities is included.
7. phentermine online consult of one Appears Legal for Means of the State A phentermine 30 mg without prescription figure for the average ones phentermine 30 mg without prescription direct operation phentermine online consult the State is conceived of specific way, which will allow to accredit the different figures and existing situations until now.
The Means of the State are defined like organisms on watch public and with nonlucrative character. Its regulation through Advice of Administration and Programming settles down, with participation of representative advisors of the society, as 3pm cheap phentermine as the convenience of which counts on legal personality and own patrimony. The forms of phentermine online consult financing to which they will be able to have access, for the best fulfillment of their aims also settle down.
The phentermine 30 mg without prescription and social purpose also needs that as state institutions phentermine online consult have these means, promoting phentermine online consult right to the information and the freedom of expression of the Mexicans and guaranteeing public access fittings.
8. The National Bottom for the Production A special right by phentermine online consult use of frequencies of the radioelectric space settles down - known phentermine online consult other countries like antenna right -, similar to which it is received to other services that use the phantom. The income that by this concept are collected, will be destined to 3pm cheap phentermine Bottom for the support to the independent national production and the production of materials to be transmitted in the times of the State or the phentermine online consult ones under operation of this one.
9. The Times of the State One is not to return to the 12,5%. But phentermine online consult is necessary, however, to guarantee sufficient times for the set of the State, the Legislative Power, the Judicial one, the independent constitutional organs (like the IFE, the public commissions of human rights or phentermine online consult and the powers of the states and municipalities; and not only for the Executive since they have been now.
Our proposal does not touch 3pm cheap phentermine decree issued by the President, in whom the Executive assigns for his publicity the total of the fiscal times. 3pm cheap phentermine propose however a moderate increase in the times of the State, of 30 to 60 minutes, as well as an equitable, phentermine online consult distribution of a democratic system, in which the phentermine online consult powers or organisms of the State have the possibility of spreading to their programs and initiatives. The citizen access to diffusion times is also guaranteed.
The coordination of phentermine online consult times of the State will phentermine online consult have to be responsibility of the independent authority.
10. The Stimulus to phentermine online consult National Production Although it is an ordering that has not been respected, it is important to stimulate phentermine online consult national cinematography and the production, as much for the development of the identity and the culture like of the economy of the country. The diversification of the production is also necessary, avoiding the risks of the concentration.
In the programming phentermine online consult the transmitters 20% of independent national phentermine online consult will have to be gotten up at least.
11. The Protection to the Public Viewer Finally, proposal phentermine online consult Law does emphasis in protection of public viewer, especially of children and adolescents, for which respect emphasizes to phentermine online consult for different types from public, prohibition of transmissions phentermine online consult implies the vindication of the violence or the crime, of which they involve discrimination of race, sort or any other type, or that injures the dignity of the people.
One restricts the transmission of programs of violent content and the phentermine online consult of spirits and tobacco to the phentermine online consult for adults, only after the 22 hours.
12. The Regulation of the Commercial Propaganda Since phentermine online consult airspace phentermine online consult property of the Nation and phentermine online consult in addition a limited public good, a prudent phentermine online consult of the publicity is necessary, so that the commercial interest does not affect the quality of the programming to which the citizens must phentermine online consult straight.
An increase phentermine 30 mg without prescription the present percentage of the total time of publicity, the 18 to 20% in television sets out and until 40% in radio. But it is necessary to comment phentermine 30 mg without prescription this percentage includes the publicity within the phentermine online consult and now called programs of supply of phentermine online consult that the regulation authorizes as if they were phentermine online consult commercial propaganda .
Finally, it is necessary that the law is respected and that clear sanctions exist. We consider a precedent serious that the Executive tries to adapt the regulations to the particular interests, before to enforce the Law. The excessive saturation of publicity reduces the quality of the programming and hits the quality of life of the viewers.
Nevertheless, before the political advance of this citizen initiative in the Congress to avoid the generated communicative historical backward movement with decretazo of the 10 of October of 2002, the civil service ones of the Secretariat of Interior they tried to create the con reforms communicative when discrediting the initiative maintaining that was a promotion phentermine online consult the Senator Javier Corral with support of some civil organizations, spreading that is handled like the initiative of Corral , that was committed in phentermine online consult to create a means legislation modern, updated and democratic " 8. These civil servants disinformed to the opinion publishes when the unknown that although the citizen organizations had fluid interchanges and valuable with the team of the Senator Corral on the contents of the project; the results always were product of a collective work to rescue the reached fundamental 3pm cheap phentermine in the Table of Dialogue after 19 months of work on the average public, the communitarian and indigenous radios, the concessions and permissions, the structure and functions of the independent organ, the rights citizen, the times of State, etc 9.
Against these attempts of communicational loss of prestige and con political one is not due to 3pm cheap phentermine to the permanence of old woman forms of authoritarian and discretionary relation between the proprietors of electronic means and the State, with the consequent phentermine 30 mg without prescription of the society. The democratic change in our phentermine 30 mg without prescription happens necessarily through the democratization of mass media, particularly the electronic phentermine online consult and by the creation of an phentermine online consult of independent State that of transparency and security in the phentermine online consult of concessions and permissions and which tries the fulfillment of the citizen rights in the matter of replica, spaces, access to truthful and impartial information and phentermine 30 mg without prescription publicity " 10. The democratization of electronic means phentermine online consult contribute to the construction of a society that recognizes and respects the diversity and advance towards a democratic culture where the population receives different opinions and not only those approved and encouraged by present concessionaires " 11.
For this reason, the phentermine online consult of transition to the democratic modernity that at the moment lives our country, requires of a greater institutionality of the State in terms of plurality, participation phentermine online consult public deliberation, in which the access to the information and the contest of electronic means are indispensable. In order to advance in the process of change in the country phentermine online consult is indispensable that is counted on a new Federal Law of Radio and Television that rescues the main citizen demands that during 3 phentermine online consult the Mexican society has asked for and it adapts to the new political circumstances, social and technical of the country and the world. For a long time phentermine online consult the legal reform of electronic means stopped being restlessness put in a home, to become basic social demand for the transition to the democracy.
Of here, phentermine online consult central importance to carry out a deep reform phentermine 30 mg without prescription the State in the matter of communication phentermine 30 mg without prescription collective culture phentermine online consult allows that the public operation of the cultural industries is ethics and responsibly oriented and supervised by the Be in favor and the Mexican civil phentermine online consult and not only of the dynamic ones for phentermine online consult that directs the wild logic of the autorregulado market. To legislate in the matter and to reorganize the relations between the State, the society and means are a commitment that Mexico has slope, by the paper that the means have in the construction of the democracy and the phentermine online consult of the society. This process constitutes the heart of the Reformation of the State.
For this reason, before the eagerness of the federal government to supplant to the legislators emitting decrees under the form of dawn attacks, but mainly the necessity to vindicate the interest of the society in the rules for the radio and the television, demands of our deputies and senators a fast and consequent answer with the ethical national representation that was given to them by the national community.
Politically he 3pm cheap phentermine untenable phentermine online consult becomes phentermine online consult repeat traditional history in 3pm cheap phentermine 3pm cheap phentermine phentermine 30 mg without prescription collective communication of not finding the quadrature him to the circle . Now, the Congress of the Union has the enormous historical responsibility to react, propositively and to demonstrate forcefully that if can find the quadrature him to the circle and construct the other history of the national communication. Before the signs of urgent change that are pronounced with democratic and effervescent waking up of the Mexican society in the 2 of July of the 2000, the rise farmer of Atenco, the rural taking of the federal highway to Cuernavaca, the tens of daily manifestations in streets and avenues of the main cities of the Republic, the popular application of justice by own 3pm cheap phentermine in High Milpa, the resurgence of the guerrilla movements in diverse zones of the country, the violent assault of the farming producers to the Congress of the Union and the illegal taking of the transmitting antenna and facilities of CNI Channel 40 by Aztec TV, the community Mexican he waits for the firm answer of the Legislative Power in the matter of social communication. The nation no longer holds more.
Notes:
1
Plantean To democratise the Relation Between Electronic Means and Society, the Day, 5 of December of the 2002; They increase Proposals Against the Decretazo, the Financier, 5 of December of the 2002 and Council of Radio and Television, the Reformation, 5 of December of the 2002; They propose NGOs. To reform Law of Radio and Television, the Sun of Mexico, 5 of December of the 2002; They contribute NGOs. Proposals to Means Law, the Reformation, 5 of December of the 2002; The Law phentermine 30 mg without prescription Radio and Television, Daily Millenium, 5 of December of the 2002 propose Ciudadanizar; They propose NGOs. To the Senate Reforms to the Law of Radio and Television, Chronicle, 5 of December of the 2002. 2
the Plenary session of the Senate of the 3pm cheap phentermine Received the Initiative With Project of Federal Law of Radio and Television, of Alliance and 13, the Universal one December 2002 PAN-PRD Against the Decretazo Foxista in Concessions of Radio and Television, 13 of December of the 2002. 3 Presentan Civil BREAD and Propose PRD phentermine online consult the Reformation to the Law of Radio and Television, the Day, 13 of December of the 2002; It enters the Senate Reforms to the Law of Radio and Television, Daily Millenium, 13 of December of the 2002; They phentermine 30 mg without prescription for Senators Changes the Law of Radio and Television, phentermine online consult Reformation, 13 of December of the 2002. 4 Exhibition of Reasons, Citizen Proposal of the Reformation to the Federal Law of Radio and Television, Commission of the phentermine online consult of the State, Senate of the phentermine online consult Mexico, D.F., 5 of December of the 2002, pages 1 3pm cheap phentermine 3. 5 Exhibition of Reasons, Initiative with Project of phentermine online consult Law of Radio and Television, Commission of the Reformation of the State, Senate of the Republic, Mexico, D.F., 12 of December of the 2002, page 2. 6 Languidece Means Law in San Lazaro, the phentermine online consult 14 of December of the 2002. 7 White Pink Soul of phentermine online consult Forest, the Citizen Proposal of the Reformation to the Federal Law of Radio and Television, titular representative of phentermine 30 mg without prescription Organized Civil society, Executive Synthesis, Civil Society, phentermine 30 mg without prescription D.F, 4 of December of the 2002, 9 pages. 8 Clear Jusidman, the Citizen Proposal 3pm cheap phentermine the Reformation to the Federal Law of Radio and Television Was turned into Initiative of Law by the Senate of the Republic, National Coordinator of Citizen Cause, Citizen Cause, Mexico, D.F., 3 pages 9 Clear Jusidman, the Citizen Proposal of the Reformation to the Federal Law of Radio and Television Was turned into Initiative of Law by the Senate of the Republic, National Coordinator of Citizen Cause, Citizen Cause, Mexico, D.F., 3 pages] 10 Clear Jusidman, the Citizen Proposal of the Reformation to the Federal Law of Radio and Television Was turned into Initiative of Law by the Senate of the Republic, National Coordinator of Citizen Cause, Citizen Cause, Mexico, D.F., 3 pages 11 Clear Jusidman, the Citizen Proposal of the Reformation to the Federal Law of Radio and Television Was turned into Initiative of Law by the Senate of the Republic, National Coordinator of Citizen Cause, Citizen Cause, Mexico, D.F., 3 pages
Dr. Javier Esteinou Madrid Titular investigator of the Department of Education and Communication of the Metropolitan Independent University, Xochimilco Unit, Mexico, D.F., Mexico. |